Legal Question in Immigration Law in California

Re: Student Visa perosn Married With Permanet Resident

its a bit hard to follow your question(s), but in a nutshell, if you are asking if a permanent resident can marry a foreigner, whether on any US visa or not, you may but permanent residents do not have the same "citizenship" type rights as born or naturalized citizens. if you would further assistance here, contact us today for more clarification on your questions and the applicable answers.

Re: Student Visa perosn Married With Permanet Resident

I don't think the other guy's response was very helpful but yours is a common question. You confuse the issues of I-130 approval and a current visa number. When the I-130 is approved (currently about 10 months at California Service Center), NO visa number will be issued. The petition will just sit there in the queue until a visa number is available for her. That's because the backlog for this category (spouses and children of permanent residents) is currently about 4 years, so no visa is available for someone who has an I-130 filed today until late 2009 at the current pace. She doesn't have an automatic right to stay here in the meantime, unless she continues in-status on the student visa or change to another kind of temporary visa. If you're a citizen then there's no such waiting time and she can do adjustment of status. On reentry to the US on a student visa, or renewing that visa, yes, if an immigration officer finds out that an I-130 has been filed for her, they'll deny the visa because there has been immigrant intent. As far as California or Texas Service Center, if you live in CA you have no choice but to file with the California Service Center, you are not allowed to file it elsewhere.

Larry "Liem" Doan, Esq.

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